파견근로관계의 존속보호에 대한 헌법적 근거 -파견근로자와 사용사업주의 관계를 중심으로-

Dispatching workers and in-house subcontracting are different in terms of who exercises the command to the employee, where the dispatched worker is substantially dependent on a third party who actually enjoys the benefits of the labor, and the original employer is in nominal terms, so that there is also an implied contract of employment relationship between dispatched worker and user-employer. In other words, the three-sided relationship between the employee, the original employer, and the user-employer is one of implied contract of employment, dispatching workers, or in-house subcontracting. We approach this from the viewpoint of solving the uneasiness of worker and realizing the guaranteed employment of workers, the implied contract of employment relationship will be looked into from the light of duty to protect basic rights for the work and the freedom of occupation; in dispatching workers, the dispatching-law based on the right to work refers to the obligation of direct employment article as to whether it infringes on the freedom of employer or the freedom of contract. Therefore, there are clear constitutional grounds for the guaranteed employment of workers and the stabilization of employment, in relation to the implied contract of employment relationship and dispatching workers, which correspond to the broader dispatching labor relations.